Employment & Labor Disputes

Possibly. The key is whether the termination was legally ineffective—for example, because no statutory ground under Articles 11 or 12 of the Labor Standards Act applied. A notice-period violation alone generally creates a claim for pay in lieu of notice; it does not invalidate an otherwise lawful termination. If termination was ineffective, the employment relationship continued, and you may seek a declaration and wages for the period in which the employer refused your services. Back pay is not automatic: promptly state in writing that you reject the dismissal, remain ready to work and request reinstatement. Earnings elsewhere, saved expenses and income deliberately forgone may be deducted, and each wage instalment generally has a five-year limitation period. During suit, Article 49 of the Labor Incident Act permits an interim order for continued employment and wages if there is a reasonable prospect of success and no obvious serious difficulty for the employer. If you do not want to return, a different route may be termination under Article 14(1)(6) with severance, generally exercised within 30 days after learning of the dismissal facts or resulting harm. These routes rest on different legal positions. Do not sign a voluntary-resignation or settlement document before deciding.

In principle, five years. Each overtime instalment has its own period running from its agreed or legally required payday; once it expires, the employer may refuse payment. Attendance records are a key form of evidence: employers must record attendance to the minute each day, retain records for five years and provide a requested copy. In court, an employer must produce documents it is legally required to keep; unjustified non-production may lead to a fine, compulsory measures and the relevant fact being treated as true. Recorded attendance is presumed to be time spent performing duties with the employer's consent, although the employer may rebut it. Also keep payslips, overtime requests, rosters, emails or LINE/other messages assigning or requiring after-hours work, and records of completed or delivered work. These help prove actual hours, the employer's knowledge or direction and the unpaid amount.

Not necessarily. Administrative labor-dispute mediation before the local labor authority where the employee worked is not a mandatory prerequisite to an ordinary civil labor claim, and it is free. While it is pending, the employer may not terminate or otherwise disadvantage the worker because of that dispute. If you file directly in court, the Labor Incident Act generally requires court labor mediation first and treats the complaint as a mediation motion. Court mediation is not mandatory where another statutory mediation body has already tried and failed, for a counterclaim, where notice must be served publicly or abroad, or for a dispute under Article 12 of the Act of Gender Equality in Employment. Court labor mediation is not always free: non-property claims and property claims below NT$100,000 are exempt, while others carry a NT$1,000–5,000 fee. Limitation also matters: mediation generally interrupts prescription, but a withdrawn, rejected or unsuccessful mediation is generally treated as no interruption. If failed court labor mediation lawfully continues into litigation, the action is deemed filed on the mediation date. Do not rely on administrative mediation alone when a deadline is close.

Not necessarily. The Enforcement Rules call for a written agreement stating the restrictions and compensation in detail, signed and retained by both sides. Validity also requires all four statutory conditions: a legitimate business interest; a position enabling access to or use of trade secrets; reasonable limits on duration, territory, occupational activity and prospective employers; and reasonable compensation for the restriction. The term cannot exceed the protected secret or technology's life cycle and is capped at two years; an excess term is reduced to two. Territory is limited to the employer's actual business area, and activities and prospective employers must be specific, similar to the former work or business and competitive. Pay received during employment cannot count as compensation. Monthly compensation must be at least 50% of one month's average wage at departure, sufficient for living needs and proportionate to the loss, paid after departure in advance or monthly. If any statutory condition is missing, the clause is void. Even a valid clause's excessive penalty may be reduced by the court. Have counsel review the agreement and payment record before conceding liability.